Describe the trends and core issues involved in the medical marijuana controversy
What will be an ideal response?
• The Supremacy Clause may well trump state laws which are in conflict with Federal law. This conflict of laws issue is only now surfacing, with the Federal government concerned over the openness and breadth of the medical marijuana laws in some western states.
• The referendums on medical marijuana typically involve very close votes, indicating the voters are deeply divided over this issue. There is some scientific support for the use of cannabis for certain conditions; there are also law enforcement concerns that these laws are simply a first step toward wholesale legalization.
• The laws vary state by state regarding what conditions are eligible for a prescription and which are not. The trend is to expand the list of conditions. Dispensaries are not available to every patient. Thus, laws will often allow for limited cultivation of cannabis by persons with legitimate prescriptions but living in remote areas.
• 15 states and the District of Columbia have medical marijuana laws, so it is not a minor issue or a fad. Other states will have referendums in the near future.
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